Facts
- Employees of the London Electricity Board excavated a trench on a public pavement.
- Lacking materials to properly cordon off the site, the workers placed an upright shovel as a makeshift visual warning near the trench.
- Mr. Haley, a blind pedestrian, was walking unassisted along the pavement and did not detect the warning.
- Mr. Haley fell into the unguarded trench and sustained serious injuries.
- The Board argued that their warning was adequate for sighted individuals and claimed it was not foreseeable that a blind person would be unaccompanied on that pavement.
- The incident prompted a legal challenge regarding the extent of the duty of care owed to disabled persons in public spaces.
Issues
- Whether the London Electricity Board’s duty of care in negligence extended to disabled individuals, specifically blind pedestrians using public pavements unassisted.
- Whether the Board could be held liable for breaching this duty by failing to provide warnings accessible to blind individuals.
- Whether the risk of injury to blind pedestrians was a reasonably foreseeable consequence of the Board's actions.
Decision
- The House of Lords held that the duty of care extended to all members of the public, including disabled individuals such as blind pedestrians.
- The foreseeability of blind or visually impaired people using public sidewalks was affirmed as part of the standard of reasonable care.
- Providing only a visual warning—an upright shovel—was deemed insufficient, constituting a breach of duty.
- The Board was found liable for Mr. Haley’s injuries because it failed to consider the risk to disabled individuals who might reasonably be expected to use the pavement.
Legal Principles
- The standard of care in negligence applies to all foreseeable users of public spaces, including those with disabilities.
- Reasonable care requires defendants to anticipate and provide for the needs of people with disabilities, rather than serving only the "average" person.
- Foreseeability must include the presence and requirements of disabled individuals within the general public.
- A failure to implement accessible precautions where the risk to disabled persons is foreseeable constitutes a breach of duty under negligence law.
Conclusion
Haley v London Electricity Board established that defendants owe a duty of care to all members of the public, including disabled individuals, and must foresee and accommodate their presence in public spaces. The case is a leading authority clarifying that reasonable precautions must address foreseeable risks to individuals with disabilities, shaping subsequent negligence jurisprudence towards greater inclusivity and equity.